SIMMONS V. SIMMONS, 708 A.2d 949 (1998) CASE BRIEF

SIMMONS V. SIMMONS

708 A.2d 949 (1998)

NATURE OF THE CASE: This was a dispute over the value of a medical degree upon the dissolution of marriage.

FACTS: H and W were married in 1983. At the time of marriage H was 23 and a sergeant in the U.S. Army. W was 43 and was working as a bartender. During the course of their marriage, both W and H pursued their individual educational goals. W got degrees and became a nurse. H got degrees and became a doctor. H and W both paid their own educational expenses and were both employed and jointly supported the family unit until H entered medical school when he was prohibited from maintaining outside employment. H got loans and grants to pay for the school and to defray some of the household expenses. W worked to support the family while H got his medical degree. W did not make any direct financial contribution toward the cost of the medical degree. In the third year of his five-year surgical residency, H filed for divorce. W argued that H's medical degree was property subject to equitable distribution. She claimed that the present value to her would be $1.5 million and based this on expert witness testimony. The trial court concluded that the degree was not property subject to equitable distribution pursuant to 46(b)-81. The court issued a decree dissolving the marriage and denied both parties alimony and ordered distribution of the assets and debts. W appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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